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SCHIMSKY v. ST. JOHN'S EPISCOPAL HOSP.

163 A.D.2d 293 (1990)

Matthew Schimsky, an Infant, by His Father and Natural Guardian, Marc Schimsky, et al, Appellants, v. St. John's Episcopal Hospital et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1990

Ordered that the judgments are reversed, on the law, without costs or disbursements, the orders entered March 9, 1989, and April 4, 1989, respectively, are vacated, the defendants' cross motions to dismiss the complaint for failure to timely serve a notice of medical malpractice action is denied, the plaintiffs' motion is granted, the notice of medical malpractice action is deemed served and filed, and the matter is remitted to the Supreme Court, Suffolk County, for further...

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